LMK TECHNOLOGIES, LLC, Plaintiff, v. BLD SERVICES, LLC, Defendant.

Civil Action No. JURY TRIAL DEMANDED

14 C 956

COMPLAINT Plaintiff LMK TECHNOLOGIES, LLC (LMK), for its complaint against Defendant BLD SERVICES, LLC ("BLD"), alleges and states as follows: The Parties 1. LMK is a Limited Liability Company organized and existing under the laws of

the State of Delaware with a principal place of business at 1779 Chessie Ln, Ottawa, IL 61350. 2. On information and belief, BLD is a Limited Liability Company organized and

existing under the laws of the State of Louisiana with a principal place of business at 2424 Tyler Street, Kenner, LA 70062. Jurisdiction and Venue 3. This is action arises under the patent laws of the United States, Title 35 United

States Code. The jurisdiction of this Court is proper under 35 U.S.C. 271, et seq. and 28 U.S.C. 1331, 1332, and 1338.

4.

This Court has personal jurisdiction over BLD pursuant to 735 ILCS 5/2-209

because, on information and belief, BLD has sold and offered to sell the accused infringing apparatus and method to customers in the state of Illinois who are located in this judicial district, and BLD has used the accused infringing apparatus and performed the accused infringing method at locations in the state of Illinois which are located in this judicial district. 5. Venue is proper in this district pursuant to 28 U.S.C. 1391(b), 1391(c) and

1400(b) because, on information and belief, BLD has committed acts of infringement in this judicial district. COUNT I Infringement of U.S. Patent No. 7,975,726 6. On July 12, 2011, the United States Patent and Trademark Office (USPTO)

duly and legally issued United States Letters Patent No. 7,975,726 ("the 726 Patent") entitled Device and Method for Repairing Pipe. [See Exhibit A (a true and correct copy of the 726 Patent attached)]. 7. LMK is the owner by assignment of the entire right title and interest in and to the

726 Patent, including the right to sue and recover past, present, and future damages for infringement. 8. Based upon information and belief, BLD is and has been infringing the '726

Patent by making, using, offering for sale and selling products and services for pipeline rehabilitation that use hydrophilic materials to seal the junction between main and lateral sewer pipes, including but not limited to a Service Connection Seal + Lateral (SCS + Lateral) which it uses for lining at least a portion of a lateral pipe and the junction between main and lateral sewer pipes, covered by the '726 Patent and without authority from LMK.

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9. 10.

BLD will continue infringing the '726 Patent unless enjoined by this Court. LMK provided written notice to BLD of the '726 Patent on at least August 3,

2012 and in October 2012. BLD failed to respond to either letter. Despite such notice, BLD has continued to infringe the '726 patent in disregard of LMK's legal rights and to LMK's detriment. BLD's infringement of the '726 patent, is therefore, willful. RELIEF 11. 12. BLD will continue infringing the '726 Patent unless enjoined by this Court. LMK has and will continue suffering immediate and irreparable harm as a result

of BLD's infringement of the '726 Patent. PRAYER WHEREFORE, Plaintiff LMK respectfully requests the following relief: a. That the Court enter a preliminary and permanent injunction against BLD's infringement of the '726 patent. b. That the Court enter a judgment that the 726 Patent is valid, enforceable and infringed by BLD; c. d. e. f. That the Court award damages to which LMK is entitled; That the Court treble the damages for BLD's willful infringement; That the Court award interest on the damages; That the Court find this is an exceptional case, and award LMK its costs and reasonable attorneys fees under 35 U.S.C. 285; and g. Any and all such other and further relief as this Court may deem appropriate. Jury Demand LMK hereby demands a trial by jury on all issues triable to a jury.